Delivering a 33-page judgement in the Port-of-Spain High Court yesterday, Justice Vasheist Kokaram ruled that Anton “Boombay” Boney, of John John, Laventille, was falsely imprisoned by police investigating the plot.
Kokaram ruled that while police had the right to detain Boney for 24 hours as they had suspicion that he may commit acts which were likely to endanger public safety, they could not justify the need to hold him in custody for five days without charging him.
“The only excuse proffered by Deputy Commissioner of Police (DCP) Mervyn Richardson was that the detention was necessary as the police had ‘other persons to interview’. I would imagine that for the police to rely on such an excuse, would leave many languishing at the police’s leisure,” Kokaram said.
While Kokaram noted that Parliament had a right to infringe of citizens’ constitutional rights in the interest of national security during the 2011 State of Emergency (SoE) by passing regulations which allowed police to arrest people on mere suspicion without evidence, he said the court was still open to review a person’s protracted detention.
Boney was initially seeking almost $500,000 in compensation for his detention as he claimed that his reputation was damaged by being linked to a terrorist plot.
Boney had alleged that police had leaked information to the media alleging that terrorist propaganda material had been found in his home when he was arrested on November 29, 2011.
“In my view Boney’s claim for an award of $500,000 is unreal, exaggerated and out of all proportions to the circumstances of this case and other comparable cases,” Kokaram stated. He said that Boney had not claimed that he had been mistreated by police while in custody.
As part of the judgment Kokaram ordered that the State pay $18,000 in legal costs incurred by Boney in bringing the lawsuit.
Kokaram’s decision may have a ripple effect on similar cases filed by some of Boney’s fellow detainees, arrested in the plot investigation, who sued the State after they were released without charge.
Those who did not file lawsuits, cannot now take action based on Boney’s legal victory as the four year limitation period for filing civil lawsuits has already elapsed.
Boney, who has been on remand since being charged with conspiring to murder and attempted murder of another person in 2014, was brought to court for the hearing.
He is also facing charges for being a gang leader.
Dressed in Islamic garb, Boney sat quietly in the prisoner’s enclosure of the court as the judgement was being read.
Boney was represented by Lee Merry and Kelston Pope. Coreen Findlay, Rachael Thurab and Laura Persad represented the Office of the Attorney General.
